I have been renting out property for last 12 years but I am in a situation.
I emailed tenant on 21/Dec/21, that " I don’t wish to extend the tenancy" which was suppose to get over on 16/Feb/22.
In the same email dated 21/Dec/21 , I attached Sec 21 notice stating that tenancy is coming to end on 16/Feb/22. The wording were
“The tenancy term of rented dwelling “Address” will end
on 16/2/2022.We would like to inform you that, by virtue of Section 21 of the Housing Act 1988, I require possession of dwelling known “Address” on 16/02/2022”.
The tenant replied on 22/Dec/21 that sec 21 needs require 2 months notice but still says “No Prob”. And asks me whom to hand over keys.
On 14th Feb, just 2 days before vacating, he says that he may vacate earlier than due date but just 24 hours before vacating, he says keys for his next house will not be handed so he wats to stay till 6th mar/22(Another 3 weeks).
Now based on his confirmation, just to days before end of term, i committed to new tenant the new move in date as 19th /Feb.
I agreed to let out for another 3 weeks because in mail he says that i was suppose to vacate but now he wants time till 6th March., but also mentioned that he needs to understand that i have commitment with next tenant and that i may have to use law if he again does not vacate.
He then send a very rude mail and says that my Sec 21 notice is not valid as it has to be 2 months.i.e I sent sec 21 notice on 21st Dec but the notice says that he needs to vacate on 16/2/22.
What are my options because he is paying substantially less that what the next tenant is paying? The term has ended on 16/Feb/22. What if again does not vacate on 6th March. He has gone rough.
Sorry to say but youve been very foolish.
- Your s21 notice was defective and cant be relied upon.
- You arranged a new tenant before the existing tenancy has ended. You did that and if you signed a tenancy agreement you are contractually bound, which is a problem.
Your tenant on the other hand seems to be behaving perfectly reasonably and entirely within the law. When his fixed term tenancy ends a new petiodic tenancy will arise on the same terms so he is civered by the terms of the agreement.
If I were you, I would be nice to him and hope that his next place isnt further delayed.
Yes , i think i made a mistake. But if we leave Sec 21 aside because his AST term ended on 16/2/21, he still had to vacate. Secondly he has mailed me that he was suppose to vacate at end of term but could not because he has not got keys for next house. This again implies that he acknowledged and agreed to move out on 16/2/21.
Do i need to send another section 21 or do i wait and watch if he keeps his word of moving out on 6thMarch?
He doesn’t have to vacate until the bailiffs come knocking.
Him acknowledging you’ve sent an invalid section 21 and saying he’ll see if he can move out does not make your section 21 valid or change the procedure. Hopefully he will move out.
You have the right to file a proper section 21 and take him to court.
You do NOT have the right to perform anything that could be called unlawful eviction or harassment.
You should take all paperwork related to the tenancy to a tenancy specialist - citizens advice may be enough but a solicitor would be better - and go over it. Since you didn’t understand how to end the tenancy properly, then there’s a risk you’ve messed up other paperwork as well.
Honestly in this case, if the tenant has so far been good, it is likely best to wait until the march date passes and hope he moves out. It won’t significantly delay anything and you don’t want to do anything that would cause him to dig in his heels and fight.
Get things in order so that if that date passes, you can file a proper section 21 and get things started.
@Sumit I strongly suggest you do some landlord training. You clearly dont understand how tenancies work. As Ryan42 says, he does not have to move out at the end of his fixed term. When it ends a new periodic tenancy will arise on the same terms and he may remain perfectly legally. If you want him to leave you have to evict with proper notice or wait for him to give notice.
Hi David, I’m a fairly new landlord aswell and scouring posts to learn as much as I can.
Can I ask, why would his section 21 notice be deemed as defective?
Also, he states that he’s given a 2 month notice period which takes him to the end of the AST term, is that not good enough?
Sorry for my ignorance, as stated, I’m just here to learn.
He didn’t give two months notice. He filed it on the 21 and not the 16.
Hi @Alan14. Reading forum posts can actually be a good way of learning about landlord and tenant law, but you have to read quite a lot to be able to discern the correct answers. In this case as Ryan42 says, the notice was too short.
I would recommend the Landlordzone forums to you as the most expert I’ve come across.
I would also suggest you join the NRLA and do their foundation training, which can be done as remote learning.
Landlording has become a legally complex business and avoiding very expensive mistakes through simple admin errors is now crucial to making it a success.
Thank you for the advice David, I certainly will sign upto Landlord zone, and the NRLA.